Memo

BILL NUMBER:S1519

TITLE OF BILL: An act to amend the vehicle and traffic law, in relation to restrictions on commercial driver's licenses

PURPOSE: This legislation would place a restriction on renewing or issuing a commercial driver's license to operate a school bus or passenger bus to any individual convicted of a crime requiring registration as a sex offender.

SUMMARY OF PROVISIONS: The Vehicle and Traffic Law is amended to prohibit the Commissioner of the Department of Motor Vehicles from issuing or renewing a commercial driver's license to operate a passenger or school bus to any individual who is required to register as a sex offender under article six-C of the correction law.

JUSTIFICATION: Registered sex offenders should not be granted commercial driver's licenses to operate a school bus or a passenger bus. Individuals who hold a commercial drivers license to operate bus will come in contact with vulnerable individuals and allows the registered sex offender a greater ability to have incidents of recidivism.

This legislation would prohibit sex offenders from holding a commercial drivers license to operate a passenger or school bus and will provide a greater level of protection to the public from these individuals.

LEGISLATIVE HISTORY: S.4272-B of 2011/12; Passed Senate.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after becomming law, with provisions.

Text

STATE OF NEW YORK
________________________________________________________________________
1519
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to restrictions
on commercial driver's licenses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 509-c of the vehicle and traffic
law is amended by adding a new paragraph (h) to read as follows:
(H) PERMANENTLY, IF THAT PERSON WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
S 2. Subdivision 2 of section 509-c of the vehicle and traffic law is
amended by adding a new paragraph (h) to read as follows:
(H) PERMANENTLY, IF THAT PERSON WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
S 3. Paragraph (b) of subdivision 1 of section 509-cc of the vehicle
and traffic law is amended by adding a new subparagraph (vi) to read as
follows:
(VI) HAS BEEN CONVICTED OF A VIOLATION THAT REQUIRES REGISTRATION
UNDER ARTICLE SIX-C OF THE CORRECTION LAW; OR
S 4. Subdivision 2 of section 509-cc of the vehicle and traffic law is
amended by adding a new paragraph (b-1) to read as follows:
(B-1) PERMANENTLY, IF THAT PERSON WAS CONVICTED OF A VIOLATION THAT
REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF THE CORRECTION LAW.
S 5. Subdivision 1 of section 510-a of the vehicle and traffic law,
as amended by section 4 of part CC of chapter 58 of the laws of 2011, is
amended to read as follows:
1. Revocation. A commercial driver's license shall be revoked by the
commissioner whenever the holder is convicted within or outside of this
state (a) of a felony involving the use of a motor vehicle except a
felony as described in paragraph (b) of this subdivision; (b) of a felo-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03288-01-3

S. 1519 2

ny involving manufacturing, distributing or dispensing a drug as defined
in section one hundred fourteen-a of this chapter or possession of any
such drug with intent to manufacture, distribute or dispense such drug
in which a motor vehicle was used; (c) of a violation of subdivision one
or two of section six hundred of this chapter; (d) of operating a
commercial motor vehicle when, as a result of prior violations committed
while operating a commercial motor vehicle, the driver's commercial
driver's license is revoked, suspended, or canceled, or the driver is
disqualified from operating a commercial motor vehicle; (e) has been
convicted of causing a fatality through the negligent operation of a
commercial motor vehicle, including but not limited to the crimes of
vehicular manslaughter or criminally negligent homicide; [or] (f) the
commissioner determines that the holder has made a false statement
regarding information: (i) required by the federal motor carrier safety
improvement act of 1999 and Subpart J of Part 383 of title 49 of the
code of federal regulations relating to a commercial driver's license
document in an application for a commercial driver's license; (ii)
required by the federal motor carrier safety improvement act of 1999 and
Part 383.71 (a) and (g) of title 49 of the code of federal regulations
relating to an initial commercial driver's license or existing commer-
cial driver's license holder's self-certification in any of the self-
certifications regarding the type of driving engaged or to be engaged in
by the holder or regarding the non-applicability to the holder of the
physical qualification requirements of the federal motor carrier safety
improvement act of 1999 and Part 391 of title 49 of the code of federal
regulations relating to qualifications of drivers; or (iii) required by
the federal motor carrier safety improvement act of 1999 and Part
383.71(h) of title 49 of the code of federal regulations relating to
commercial driver's license requirements in any medical certificate; OR
(G) OF ANY VIOLATION THAT REQUIRES REGISTRATION UNDER ARTICLE SIX-C OF
THE CORRECTION LAW AND WHERE SUCH COMMERCIAL DRIVER'S LICENSE IS FOR THE
PURPOSE OF DRIVING ANY BUS, AS SUCH TERM IS DEFINED IN SECTION ONE
HUNDRED FOUR OF THIS CHAPTER OR ANY SCHOOL BUS AS DEFINED IN SECTION ONE
HUNDRED FORTY-TWO OF THIS CHAPTER.
S 6. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that section five of this
act shall take effect on the same date and in the same manner as section
5 of part CC of chapter 58 of the laws of 2011, takes effect. Effective
immediately, the addition, amendment and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date is authorized to be made on or before such effective date.

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